Kanye won't be here.: how to refund the audience for West's concert
There is not only a reputational but also a legal scandal surrounding the show of American rapper Kanye West. The Russian promoters from SAY Agency continue to insist that the event is still in force. At the same time, the management of Gazprom Arena, where the concerts were announced, adamantly declares that West will not appear at the stadium. Izvestia figured out what awaits buyers in the event of a final disruption of the event and how to return the money spent, taking into account the specific terms of the offer.
"We didn't have any problems"
The scandal surrounding the concert of American rapper Kanye West in Russia is inflating to planetary proportions — almost like his balloon stage with a projection of the Earth.
Gazprom Arena's official position remains extremely rigid: there will be no Kanye West concert at the stadium, as the lease agreement has not been signed, and the launch of ticket sales is a premature initiative of the promoters. The site has erased all mentions of the artist from the site. However, such a change of mood still raises questions. A week earlier, a festive announcement and even a drawing of tickets for the concert appeared on the stadium's account, which convinced the audience of the legitimacy of the show.
"We haven't had any problems with Gazprom Arena until now," Anna Subcheva, CEO of SAY Agency, told Izvestia. — We received and agreed on the specifications of the arena in official correspondence a week ago. Over the weekend, we were sent a lease agreement, which we have to sign by August 27. We have him in our arms right now. We have been officially corresponding with corporate mail and are now trying to clarify the situation.
According to her, Gazprom Arena's post was as much news to the company as it was to everyone else. At the same time, SAY Agency continues to insist that the event remains in force. While the parties are discussing in absentia, tens of thousands of spectators who bought tickets worth from 9 thousand to 160 thousand rubles remain in the epicenter of this confusion. By the way, they are implemented through the Intickets platform, which is linked to the founders of SAY Agency Anna Subcheva and Tatiana Kondratenko.
The trap of "non-refundable" tickets
Ye's fans are particularly concerned about a legal loophole in the Intickets offer: the organizers (SAY Agency) have activated the "non-refundable" clause for tickets purchased under the promotion. An important detail that everyone is silent about: this clause protects the operator and the promoter only if the buyer changes his mind about going himself. In case of disruption or postponement of the concert, the organizer is obliged to refund 100% of the cost, no matter what "promotional" tickets may be called. Another reason for the alarm of the audience is the amendment about the possible replacement of Kanye West by another artist. However, experts consider such a maneuver unrealistic.
— Such warnings are usually written in theatrical announcements, and in the offer for the sale of tickets for the audience, such a reservation could have been due to a misunderstanding, it is excluded for a solo concert, — explains Evgeny Safronov, head of the InterMedia news agency. — I can only think of one example from 15 years ago with Tokio Hotel, whose concert in St. Petersburg turned into a disaster. The opening act was performed by the Russian band "Just Maria", after which it was announced from the stage that the main stars would not perform due to the non-fulfillment by the host party of the terms of the contract. From St. Petersburg, the soloists of the Kaulitz brothers group flew to Moscow, where, according to the terms of the same contract, the show was supposed to take place, met with fans, but again did not go on stage. The terms of the contract have not been fulfilled. The money was only partially returned to the audience. As a result, the promotion company went bankrupt. Market leaders try to prevent this from happening.
And here the question arises — does SAY Agency have the opportunity to fully refund the audience money for tickets in case of cancellation of the concert? Or have the hastily earned funds already gone to work? In this case, it can be assumed that SAY Agency risks repeating the fate of the promotion company that took a swing at Tokio Hotel. Izvestia sent the agency a request for a refund, but had not received a response at the time of publication. Izvestia also contacted representatives of Gazprom Arena and Kanye West's management.
Tokio Hotel Rock Band
— When working with such projects, reliable ticket infrastructure and financial stability of the organizer and operator are especially important. However, as far as we know, the organizer has not contacted major federal ticket operators, including KASSIR.RU,— KASSIR Group Marketing Director told Izvestia.RU Alexander Barsukov.
The legal side of the conflict
If the show is cancelled, the money must be refunded in full, as the service actually paid for has not been provided.
"This follows from the applicable legislation and is confirmed by the explanations of Rospotrebnadzor," emphasizes Evgeny Rosenblat, a lawyer at the Moscow bar Association Aronov & Partners. — Regardless of the "creative" reservations of the organizer, the consumer has the right to compensation for damages caused, for example, compensation for service fees, travel expenses to the city and hotel accommodation.
To get the money back, the lawyer advises sending a written complaint to the ticket office or the agent where the ticket was purchased. If there is no reaction, file a claim with the court.
— During the judicial track, it is possible to additionally file a claim for compensation for moral damage, — notes Evgeny Rosenblat. — As well as collect a consumer fine in the amount of 50% of the amount awarded by the court.
Another scenario that is currently being discussed in the information space is the transfer to another site. But the viewer is not obligated to accept the changes.
— The venue for the viewer is an essential characteristic of the service, — says lawyer Alexey Gavrishev. — A condition of the contract that allows the contractor to fundamentally change the agreed terms may be declared void under the law "On Consumer Rights Protection".
As for the sale of tickets before signing the contract with the stadium, there is no direct prohibition on this in the legislation, since the agreements go through several stages. The main thing is to provide reliable information about the service.
— If the organizer had an official correspondence with the venue and a draft agreement, and the Arena itself had previously announced the concert, this does not look like a deliberate collection of money for the sake of deception, — Alexey Gavrishev believes. — If it turns out that the tickets were sold with the knowledge that it was impossible to hold a concert, the legal assessment will be different. For such fees, the organizers may face up to 10 years in prison.
"The artist released songs praising Hitler, sold merch with swastikas, denied the Holocaust"
Another question on the agenda is, is this the character who should be performing in the hero city? For many, the answer is unequivocal.
"Our president, Vladimir Vladimirovich Putin, has repeatedly stated that the fight against Nazism is one of the reasons for holding the SVR," Ekaterina Mizulina, director of the League for Secure Internet, tells Izvestia. — While our soldiers at the front are heroically fighting the advance of the "brown plague", here in the rear, some irresponsible people decided to arrange a concert by an artist who is directly associated with the word "Hitler" all over the world. So, the artist released songs praising Hitler, sold merch with swastikas, denied the Holocaust and made wild anti-Semitic statements. All this directly contradicts the goals stated by the state to preserve and strengthen traditional values and the historical memory of our country. Inviting such a character is a clear challenge to the whole society. In the current situation, it is unacceptable to provide the main concert venues of our country to an artist with such odious views.
Ekaterina Mizulina, Director of the Safe Internet League
Concerts of the controversial rapper, who promoted fascist ideas, have already been canceled in a number of European countries. This gives us hope that there is still something sensible in the minds of those politicians.
Meanwhile, the same huge balloon of contradictory statements and claims of the audience is being inflated around Kanye's concert. But sooner or later it will burst — and someone will have to answer. Perhaps this story will force us to take a fresh look at the rules of organizing concerts and the relationship between sellers and buyers.
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